traffic ticket

[lawless]

What is the name of your state? Washington.

I received a negligent driving ticket and while researching how to fight it I came across this document.

NOTICE OF INFRACTION

(a) Traffic Infraction Form Prescribed by Administrator for
the Courts. Traffic infraction cases shall be filed on a
form entitled "Notice of Traffic Infraction" prescribed by
the Administrator for the Courts; except that the form used
to file cases alleging the commission of a parking, standing
or stopping infraction shall be approved by the
Administrator for the Courts.
(b) Contents. The notice of infraction shall contain the
following information on the copy given to the defendant,
except the information required by subsections (2) and (6)
is not required on a notice of infraction alleging the
commission of a parking, standing, or stopping infraction:
(1) The name, address, and phone number of the court
where the notice of infraction is to be filed;
(2) The name, address, date of birth, sex, physical
characteristics, and, for a notice of traffic infraction,
the operator's license number of the defendant;

I looked to see if the officer filled in all the information and he left my driver's lisense number blank. I assume that is the same as operator's license number of the defendant as outlined in b-(2) above.

Do I have any recourse in regards to this omission?
thank you.

this is the link where the whole document is:

http://www.courts.wa.gov/rules/display.cfm?group=clj&set=IRLJ&ruleid=cljirlj2.1

 

[racer72]

Won't work. I have seen this tried a few times in court and in all cases, the judge was asked to amend the citation and approval was given. The omitted number in no way prevents you from obtaining the necessary information to defend yourself in court.

 

[lawless]

What if there will be no prosecuting attorney present? They choose not to be present unless I hire an attorney. Without them around there will be no one to request an ammendment.

thanks again.

 

[racer72]

There is always a representitive of the DA's office at all preliminary and primary hearings. The court session will not happen if one is not there.

 

[lawless]

Grant county is the exception to the rule. They present their case by paper only. I found where the officer did put my license # on the ticket. I tried to get the case dismissed on the basis that I was not pulled over in Grant county. I was pulled over in Adams county, however the officer said it was Grant county. When I got to court, I plead "not committed", and was given the officers brief, prefab report to review. I noticed that he had written down the wrong mile marker 43 (in Adams county) on his paper, and then in heavy markings written over with 12 which was on my ticket. I think he caught his mistake and then put the "correct" mile marker to be in Grant county. Anyway the judge said it says 12 and on your ticket it says 12, so motion denied. It was obviously a lie on the officers part the the judge ignored. I did however beat the charge of negligent, by saying what happened. I exceeded the speed limit to pass a car, at which time the officer clocked me. The judge found that the speed was not suffiecient to be negligent driving and that the state's case was insufficient to justify the charge. He found me "not commited." It was the greatest feeling. The whole time I had been looking for a loophole because I didn't think the judge would believe me. Luckily the state wasn't their to argue their case, so the judge had to believe me, I guess.

Do you think it helped or hurt my case trying to get the case dismissed and by in essence calling the officer a liar?

My advice to those out there, at least go to court to get your fine reduced and ask that it be kept off your record.

 

[Kaz the Minotau]

Maybe it was a typographical error on the officer's part. It is his/her job to be out driving those roads so maybe he/she knows them better that you.? Why sink to the personal level and "in ssence call him a liar"?